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(영문) 부산지방법원 2017.02.07 2016고단6832
대외무역법위반등
Text

Defendants shall be punished by a fine of KRW 15 million.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates any foreign trade-related Act shall export or sell any goods, etc. produced in a foreign country pretending that they are Korea by forging or falsifying a certificate of origin, obtaining a certificate of origin with false content, or falsely indicating the origin of the goods, etc.;

Nevertheless, on April 26, 2012, the Defendant issued a certificate of origin with a total of seven times from around 2015 to around September 23, 2015, after simply processing 181 domestically-produced franchises imported around April 26, 2012, and filed an export declaration to Busan Customs Office, exported to Malaysia, and received a certificate of origin with the false content that the country of origin of the exported goods is the Republic of Korea. From around that time to around September 23, 2015, the Defendant exported a certificate of origin with a total of 54,793 points total of 2,797,732,075 won as indicated in the attached crime sights to the Republic of Korea.

B. On April 26, 2012, the Defendant in violation of the Customs Act filed an export declaration of KRW 181 with the head of Busan metropolitan customs office, and the fact was that the country of origin was falsely reported to the Republic of Korea. From around that time to September 23, 2015, the Defendant filed an export declaration of KRW 2,797,732,075, totaling KRW 54,793 from that time to September 23, 2015, and filed a false declaration of origin with the Republic of Korea.

2. Defendant B corporation

A. From April 26, 2012 to September 23, 2015, the Defendant violated the Foreign Trade Act: (a) obtained a certificate of origin on a total of 77 occasions as described in paragraph (1) with respect to the Defendant’s business from around April 26, 2012 to around September 23, 2015; and (b) obtained a certificate of origin with a total of 54,793 points in China; and (c) subsequently exported KRW 2,797,732,075 as if the country of origin was Korea.

B. The Defendant violated the Customs Act on April 2012.

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